Last week, the Southern District of New York followed a long line of precedent under New York law and upheld the enforceability of a website clickwrap agreement, granting a website operator’s motion to compel arbitration...more

In April 2015, the United States District Court for the Eastern District of New York defined a new category of online agreement, the "sign-in-wrap" agreement, which it distinguished from clickwrap agreements. The court then...more

On June 29, in Jim Schumacher, LLC v. Spireon, Inc., Civ. Action No. 3:12-cv-00625-TWP-CCS, a Tennessee federal judge denied the motion for partial summary judgment as to the breach of contract claim because there was...more

We have written many times about attempts to use copyright law to do what defamation law can’t: take stuff down from the internet. Because Section 230 of the Communications Decency Act (“CDA”) prevents a defamation plaintiff...more

Those rarely-read “Terms and Conditions” on websites can have real teeth. In a case suggesting that posters beware, a District of Massachusetts court recently concluded that a website’s Terms and Conditions caused ownership...more

The enforceability of a wrap agreement (browsewrap, clickwrap and shrinkwrap) can often turn on what to the untrained eye may be mere minutiae. Such minutiae can include the nuances of the design of a website. For example, in...more

The “Yelp” Bill impacts any entity or person doing business with consumers in California. Those who are fans of writing product or service reviews for sites such as Yelp will be pleased that California law just made it much...more

Internet law is always changing. Here’s my impressionistic list of five of the most significant 2014 shifts affecting businesses that operate in the Internet space. David Letterman will be off the air soon, so I won’t follow...more

Implementing and Enforcing Online Terms of Use -
Operators of social media platforms and other Web sites must manage a large number of risks resulting from their interactions with users. In an effort to maintain a...more

We have written previously regarding the pitfalls of online contract formation, including where website operators fail to implement website terms in a manner that requires users to expressly accept such terms. A recent...more

The United States Court of Appeals for the Ninth Circuit recently decided the case of Kevin Khoa Nguyen v. Barnes & Noble, Inc., No. 12-56628 (9th Cir. 2014). This case highlights the importance of making website Terms of Use...more

Technology has drastically changed how we do business. Thanks to the Internet, virtually anything you want – from personal information to a bag of dog food – is obtainable. You can trade stocks or file taxes online with just...more

In This Issue:
- Look Before You Click “Agree”: The Importance of Negotiating Your Company’s Software License Agreements
- Fraud in Virginia
- Common Myths about Copyright and the Internet
- Excerpt from...more

Operators of social media platforms and other websites must manage a large number of risks arising from their interactions with users. In an effort to maintain a degree of predictability and mitigate some of those risks,...more

On September 9, 2014, Governor Jerry Brown signed into law AB 2365, popularly referred to as the “Yelp” bill. The new law, codified at California Civil Code section 1670.8, will prohibit the use of “non-disparagement” clauses...more

Many commercial websites rely on “browsewrap” agreements to bind visitors to commercial terms. A recent decision by the Ninth Circuit suggests that a review of how those terms are presented may be in order to ensure...more

In an important decision regarding the viability of so-called "browsewrap" agreements, the United States Court of Appeals for the Ninth Circuit—which covers California, among other states—recently affirmed a district court's...more

Day in and day out, Internet users sign various forms of agreements for a variety of reasons, from joining a dating site, to participating in an online auction, to uploading media to a storage locker. These agreements,...more

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